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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
(e).
Reasons
(b)In full view of the fact that there is no error in payment of the prices of the goods of the victim after the sale of E, at least the criminal intent of the criminal defendant is recognized, taking into account the fact that the proceeds of the goods have not been repaid;
"2017 Highest 1305"
1. Statement by the defendant in court;
1. The details on calculation of each petition, each delayed payment, and the calculation of retirement allowances;
1. Application of each police statement protocol with respect to M and N;
1. Relevant legal provisions for facts constituting an offense, Article 347(1) of the Criminal Act (the fraud), Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages), Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the point of payment of unpaid wages), and each of the imprisonment options;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud [the case where the injured party intentionally committed the act of deception [one month to one year] or the case where the degree of deception is weak, * the violation of the Labor Standards Act and the violation of the Act on Guarantee of Workers' Retirement Benefits is not set in the sentencing guidelines [the sentence]. There is no history of the same crime and no criminal punishment heavier than the fine, and the defendant committed it by promising the outstanding amount to reduce the amount to KRW 20 million by November 31, 2016 through a written confirmation of the performance of the outstanding amount, but it appears that the damaged party failed to pay the unpaid amount to the injured party for the purpose of solving the difficulties in management due to his/her request for the seizure and collection order before the above deadline and the payment order was issued, and it appears that the part of the order to collect wages and retirement allowances would be worse through the process of the crime.